Drugs Supply
The Misuse of Drugs Act 1971, a UK statute, applies to Northern Ireland. It regulates drugs and designates which drugs are controlled. Drugs are classified in accordance with categories. It is generally unlawful to import, export, produce, supply, or possess a controlled drug. There are exceptions and provisions for licenses for certain persons, including, for example, pharmacists and doctors, etc.
It is an offence for a person to produce, supply, or offer to supply a controlled drug to another. It is an offence to produce a controlled drug or be concerned in its production.Production of drugs includes manufacture or cultivation. It may include stripping a cannabis plant.
Controlled drugs are classified as Class A, B, or C under the Misuse of Drugs Act. The legislation contains a detailed list of chemical and common names.
Subject to the general defences mentioned separately, it is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with the intent to supply another in contravention of the Misuse of Drugs Act.
The intention to supply must be proved by relevant evidence. Evidence of large sums of cash together with possession of large quantities may be proof of an intention to supply. It does not matter if the intention is to supply another controlled drug if another separate controlled drug is in fact possessed
Supply means furnishing or providing a person with something that person wants or requires. Supply includes minding drugs where there is an intention to return them. The offence of offering supplying drugs occurs when the offer is made. It is committed even though the person does not intend to follow through on the offer.
An offer to supply a drug may relate to an immediate or future supply. It does not matter whether the offer follows through or not. It does not matter how unspecified the proposed offer is.
There is an aggravated offence of supplying a controlled drug where the offender uses a carrier under 18 in the vicinity of school premises. The rights to search, detain a person, seize drugs, etc., are given in wide terms under the legislation.
The above offence may be tried summarily or on indictment. Class A drugs are subject to punishment up to life imprisonment and/or a fine, and in the case of Class B and Class C drugs, up to 14 years and/or a fine. Class A drugs and Class B drugs are subject to six months’ imprisonment and the statutory maximum fine on summary conviction. Class C drugs are subject to three months’ imprisonment and/or a fine on summary conviction
The person who supplies or offers to supply an article that may be used or adopted by itself or in combination with other articles in the administration by any person of a controlled drug, whether to themselves or another, believing that the article is to be used in circumstances where the administration is unlawful, is guilty of an offence.
A person who supplies or offers to supply an article that may be used to prepare a controlled drug for administration by any person to themselves or another, believing the article is to be used in circumstances where the administration is unlawful, is also guilty of an offence.
There are defences in respect of the supply of a hypodermic syringe. The administration of a controlled drug is unlawful except in certain circumstances where it is specifically designated as lawful. The administration by a person of a controlled drug to themselves in circumstances where the possession of a controlled drug is unlawful is itself an offence.
Healthcare professionals are exempted from the above provisions subject to certain conditions.